Fouquier v. Travelers Ins. Co., 7159
| Decision Date | 13 November 1967 |
| Docket Number | No. 7159,7159 |
| Citation | 204 So.2d 400 |
| Parties | Bennie FOUQUIER et al. v. The TRAVELERS INSURANCE COMPANY et al. |
| Court | Court of Appeal of Louisiana — District of US |
Ralph J. Hanks, Jr., of Tritico, Tritico, Hanks, Findley & Guarisco, Morgan City, for appellants.
John E. Coleman, Jr., of Aycock, Horne, Caldwell & Coleman, Franklin, for Travelers Ins. Co.
Norman P. Foret of McBride & Brewster, Lafayette, for State Farm Mut. Automobile Ins. Co.
Before LOTTINGER, SARTAIN, and ELLIS, JJ.
This case arises out of an automobile accident which happened on June 25, 1965, at 5:00 p.m., on East Main Street in the city of Franklin, St. Mary Parish, Louisiana. It was raining, and the street was wet. Mrs. Edna G. Fouquier and her daughter, Louisiana Deane, were driver and passenger, respectively, in an automobile going in an easterly direction on East Main. Because of traffic conditions, Mrs. Fouquier brought her car to a near stop, and the following vehicle, owned by Frank Martin, Jr. and driven by his minor daughter, Marianne Martin, was unable to stop and struck the Fouquier vehicle in the rear. Thereafter, a third vehicle, operated by Ananise Wilson, Jr., struck the Martin vehicle and drove it again into the rear of the Fouquier car. As a result of the accident, both Mrs. Fouquier and Mrs. Deane suffered cervical strains.
The Martin vehicle was insured by The Travelers Insurance Company, and the Wilson vehicle was not insured for liability. Mrs. Fouquier was covered by State Farm Mutual Insurance Company in the event of damage by an uninsured motorist.
Judgment was rendered in favor of Mrs. Fouquier and Mrs. Deane in the amount of.$1000.00 each, and against Travelers Insurance Company, Ananise Wilson, and State Farm Mutual Insurance Company, in solido. From the latter judgment, Mrs. Deane and Mrs. Fouquier appeal, asking that the damages awarded them be increased. Wilson answered the appeal, alleging that the court erred in finding him in any way negligent, and asking that the judgment be reversed insofar as it affects him. State Farm answered the appeal, alleging that the court erred in finding State Farm in any way liable to plaintiffs, or alternatively that their liability be conditioned on the failure of Travelers to pay the judgment rendered against it within a reasonable time after the judgment becomes executory.
There is no question as to the liability of the defendants herein. Neither Miss Martin nor Wilson were able to advance any reason as to their failure to observe the vehicle ahead of them and stop before striking it. Their failure to keep a proper lookout and maintain their vehicles under control is clear and makes them guilty of negligence, proximately causing the accident, and solidarily liable for the damage caused thereby.
After the accident, both Mrs. Fouquier and Mrs. Deane consulted their family physician, who diagnosed a cervical strain and prescribed muscle relaxants and medication for pain and suggested that they use heat in the affected areas. He gave no other treatment.
Dr. Guy J. Dunning, Jr., an orthopedist, saw both Mrs. Fouquier and Mrs. Deane on August 30, 1965. He found that Mrs. Fouquier had suffered a cervical strain, recommended no further medical treatment, and felt that her complaints would subside over a period of two or three months after his examination.
He felt that Mrs. Deane had also suffered a cervical strain and that her condition was improving satisfactorily. He recommended treatment consisting of cervical traction, deep heat, and neck exercises and felt that her complaints would subside within four to six weeks of his examination. None of the treatment recommended by him was administered.
Both ladies were also seen by Dr. Charles V. Hatchette, an orthopedist, on August 19, 1965. He was of the opinion that Mrs. Fouquier had suffered a mild to moderate whiplash injury, but was unable to elicit any objective symptoms thereof. He estimated it would take about a year from the time of her injury for her to recover from the accident, and that during that time she would be unable to do heavy housework. In his examination of Mrs. Deane, he found no objective symptoms of injury other than a slight restriction to right lateral motion in the neck. He was of the opinion that she had suffered a mild ligamentous injury to the cervical spine and would require about three months for complete recuperation without any residual disability.
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